Listen Here: Audio recordings that may clear Nancy Smith & Josep - 19 Action News|Cleveland, OH|News, Weather, Sports

Listen Here: Audio recordings that may clear Nancy Smith & Joseph Allen...for good

Posted: Updated:

LORAIN, OH (WOIO) -They've spent 15 years behind bars and now 19 Action News has learned Nancy Smith and Joseph Allen may have been sent to prison for doing nothing at all.

Nancy smith and Joseph Allen were accused of sex crimes against pre-school children back in 1993.

19 Action News uncovered video of a police line up that showed detectives coaching the children and audio recordings that could blow the lid off the case have somehow surfaced.

Current Lorain Police Chief Cel Rivera was the lead detective on the "so-called" head start case. He supervised thE police line up where children repeatedly couldn't identify Joseph Allen as the man who molested them.

Joseph Montelon, a former Lorain officer provided us with the tape.

The conversation on the tape, between the Chief and Nancy's daughter, was made in his office when she came to ask for a letter of support to be included in a file to be presented to the parole board. He agreed to write one. What he didn't know is that she was recording the conversation.

Rivera's doubts were stoked by Nancy Smith's refusal to admit guilt to win parole but began early on, when she refused to accept a plea deal and 4 year term.

So who's to blame. According to the Chief there was pressure from prosecutor Jonathan Rosenbaum, a man the chief calls overzealous and nasty on the tape.

Nancy Smith and Joseph Allen were ordered to be retried but Judge James Burge went farther and freed them. Now the supreme court has said Burge went too far and ordered him to re sentence.

He's asked them to reconsider. He's still waiting on a decision. 

 

 

Copyright 2011 WOIO. All rights reserved.

Powered by WorldNow